Real property transfer before separation


#1

Without reviewing the deed I cannot tell you how it was conveyed. Are your parents wanting to continue to share the property or transfer it to one of them?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Here’s the whole story:

My mother is remarried and she & her husband purchased a house over 20 years ago. The only deed I can pull up is the one I mentioned in my first post. My mother always assumed that they owned it as tenancy in entirety (with right to survivorship). They have a post-nuptial agreement that states any property purchased by her husband outside of the primary residence was his and would go to his hiers. About a year ago, she and her husband decided to see an estate attorney to get their financial affairs organized. The attorney represented them both (supposedly equally). My mother worked closely with the attorney and she signed various documents about life insurance, investment properties, and personal property and how it would be divided among all hiers. Now they are in the middle of a divorce. She has filed for separation. While researching her assets (their primary home), I came across a new deed. This deed was a NC General Warranty Deed. My mother and her husband are the grantors and the grantees are them as well. Each one receives the property as 1/2 undivided interest equally as tenants in common. This totally blind-sided her. She had no recollection of signing this document but she did. It is her signature. She feels like it was part of the paper shuffle that often happens during real estate transactions and she just signed where the attorney told her to sign. Of course she feels tricked. If she had known what was happening there was no way she would sign it. To make matters worse, she found a letter from her husband to another attorney saying (and I quote) “she is under the assumption that she will inherit my share of the property when I die.” We are just trying to find out if legally she has a case for showing how he took advantage of her. Also wanted to know if the new deed is valid. We know that the property would automatically become TIC upon divorce but want to be able to legally show how despicable he was.

I’m sorry for the long response. I can give you the original deed book & page to find out if the original deed was tenancy in entirety but would rather not do it on a public forum.

I have another question. My mother’s attorney advised her to remove anything of personal value from their house before the seperation agreement. Now her husband has filed a motion for a restraining order telling her to return anything and to allow him in to inventory and value everything in the house. Does she have to return the items?

Thank you for your help.

Gardens


#3

If she signed the document, then it is doubtful you have a legal action against him, even if you did, it does not appear that she suffered any damages. If the attorney misled her about what she was signing she may have a claim against the attorney.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Question: My married parents bought a property in North Carolina in 1991. The deed does not indicate the ownership, only that it is a Warranty Deed and parties of first part (sellers) have good right to sell & convey premises in fee simple. Is it assumed that my parents own it as tenancy in entirety?

If so, what is the process for changing ownership while still married to tenancy in common? Does a quit claim deed serve any purpose in this process?

Thank you for your help.[?]